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A Collection of Newfoundland Wills
(M)
John Morry

 

 

Will of John Morry
from Newfoundland will books vol 19 page 481 probate year 1946

In re John Morry       deceased

THIS IS THE LAST WILL AND TESTAMENT of me, John Morry of Fermeuse in the Island of Newfoundland. I hereby revoke all other wills by me at any time made and I appoint my wife, Judith Morry, to be the executrix of this my will except in the event of her predeceasing me, I appoint The Eastern Trust Company, hereinafter called my Trustee, as Executor and trustee hereof.

  1. I direct that after payment of my debts, funeral and testamentary expenses the following bequests be paid:
    1. To Belevedere Orphanage the sum of Two Hundred and Fifty Dollars.
    2. To Mount Cashel Orphanage the sum of Two Hundred and Fifty Dollars.
    3. To the Church of England Orphanage the sum of One Hundred Dollars.
    4. To Mrs. Molly Cahill (formerly Ryan) of Sydney, Nova Scotia the sum of One Hundred Dollars.
    5. To my niece, Clara Costello, of Ferryland, the sum of Two Hundred Dollars.
    6. To my niece, Mrs. Annie McNamara, of St. John's the sum of Two Hundred Dollars.
    7. To my nephew, Fred Morry, of St. John's, the sum of Two Hundred Dollars.
    8. To my nephew, Harry Morry, of St. John's the sum of Two Hundred Dollars.
  2. I direct that the sum of Five Hundred Dollars be used for the purpose of having masses said for my intentions.
  3. I give, devise and bequeath my house, business premises and land in Fermeuse, together with all business and farm equipment to my wife absolutely.
  4. All the rest, residue and remainder of my property of whatever kind I give, devise and bequeath to my wife for her sole use during her lifetime, without restriction as to the manner of investment of moneys or as to the use both of the income and the principal thereof, but I give, devise and bequeath any residue existing at her death to my Trustee UPON TRUST to realise such part of the said residue as shall not consist of money or securities for money and to stand possessed of the proceeds thereof together with such part of the said residue as shall consist of securities upon the following trusts:
    1. To invest the sum of Twenty thousand dollars ($20,000.00) together with any surplus of the said residue which may exist after payment of bequests and tp pay the income thereof in monthly instalments during her lifetime, to my wife's cousin Margaret O'Leary, who has lived with us as a daughter for many years. Should the said income fall below $100.00 per month I direct that the said amount of $100.00 per month be made up out of the principal invested in that behalf. Should my estate be insufficient to satisfy all bequests in full I direct that no abatement be made with regard to this sum of Twenty thousand dollars.
    2. Subject to the provisions of Clause 4, (a) hereof, to pay the following bequests:
      1. To the Roman Catholic Episcopal Corporation of St. John's the sum of Five thousand Dollars upon trust to invest the same from time to time as the said Corporation may deem best and to apply the income thereof to the education in some Ecclesiastical College to be selected by the said Corporation, of a student for the priesthood for the Archdiocese of St. John's; all other things being equal, preference being given to a student from Ferryland District.
      2. To my wife's nephew Stanislaus Fowler the sum of One Thousand Dollars.
      3. To my wife's nephew Edward Fowler, subject to the provisions of Clause 6 hereof the sum of One thousand dollars.
      4. To my wife's niece, Annie O'Leary, now a Sister of Mercy Order, the sum of One thousand Dollars for her personal use, but in the event of the said Annie O'Leary predeceasing my wife, I direct that the said sum be paid to the Mother General of the said Order in Newfoundland for the purposes of the Order in this Country.
      5. To my nieces Clara Costello of Ferryland and Annie McNamara of St. John's one thousand dollars each.
      6. To my nephews Fred and Harry Morry of St. John's the sum of Four thousand dollars each.
  5. Upon the death of the said Margaret O'Leary I direct my Trustee to divide the principal of the trust set forth in Clause 4, (a) hereof into twenty equal parts, and to distribute it as follows:
    1. To the Catholic Church in Riverhead, Fermeuse, one-quarter part.
    2. To the Catholic Church in Ferryland, one-quarter part.
    3. To my wife's brother, Arthur O'Leary, one part, but in the event of his predeceasing my wife, the said part to be paid to his wife Elizabeth Fowler.
    4. To Stanislaus Fowler four parts.
    5. To Edward Fowler four parts subject to the provisions of Clause 6 hereof.
    6. To the said Fred and Harry Morry five parts each.
    7. To the Great War Veterans' Association one-quarter part.
    8. To the Permanent Marine Disaster Fund one-quarter part.
  6. In the event of Edward Fowler predeceasing my wife without having married I direct that all moneys bequeathed to him under this my will be paid to my wife's personal representative or representatives UPON TRUST to expend the sum of One Thousand Dollars in such proportions as to such personal representative or representatives may seem best for Masses for the repose of his soul, for the erection of a tombstone and the care and maintenance of his grave and for such charitable purposes as the said representative or representatives may select; the balance of the said moneys to be distributed in proportions in the sole discretion of such representative or representatives to the Child Welfare Association, the Great War Veterans' Association; St. Patrick's Hall Schools and to such other charitable institutions as the said representative or representatives may select.
  7. I desire my Trustee to have absolute freedom of choice in the selection of investments, and I accordingly expressly authorise it to ignore the provisions of the Trustee Act in that behalf.

IN TESTIMONY WHEREOF I have set my hand to this my Will at St. John's aforesaid the 24th day of August Anno Domini One thousand Nine hundred and forty-three.
Signed John Morry

SIGNED, PUBLISHED and DECLARED by the above-named Testator as and for his last Will and Testament in the joint presence of himself and us who in such joint presence and at his request have hereunto subscribed our names as witnesses to the due execution hereof.
Signed: Elizabeth Conroy Mary Maher 50 Bonaventure Ave. Mobile
St. John's

 

#4367

"B"

This is the paper-writing marked "B"
referred to in the annexed Petition

THIS IS THE FIRST CODICIL to the last Will and Testament of me John Morry of St. John's in the Island of Newfoundland. I hereby direct that paragraphs 1 (a) and 1 (b) of my said last Will and testament shall be amended by substituting for the words "Two Hundred and Fifty Dollars" appearing in each of the said paragraphs the words "Five Hundred Dollars".

IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this ---Twelfth----- day of January A.D. 1946.
signed John Morry

SIGNED PUBLISHED AND DECLARED by the Testator as a First Codicil to his last Will and Testament in presence of us, both present at the same time, who in the presence of each other have hereunto subscribed our names as witnesses attesting the due execution thereof.
signed Maud Whelan
James M. Bradshaw

 

"C"

This is the paper-writing marked "C"
referred to in the annexed Petition

THIS IS A SECOND CODICIL to the last Will and Testament of me John Morry of St. John's in the Island of Newfoundland made the Twenty-fourth day of August A.D. 1943:

  1. I hereby appoint my Solicitor James M. Bradshaw to act as joint Executor and Trustee of my said Will with The Eastern Trust Company.
  2. I direct that paragraph one of my said will be amended by adding thereto as (i) (j) (k) and (l) the following:
    1. (i) To the Reverend Father J. Murray of St. Patrick's Parish, St. John's, the sum of Two Hundred Dollars.
    2. (j) To the Reverend Father F. Jackman of St. Joseph's Parish, St. John's the sum of One Hundred Dollars.
    3. (k) To the Reverend Father Enright, Parish Priest of St. Joseph's, Salmonier, the sum of One Hundred Dollars
    4. (l) To the Convent at Ferryland the sum of One Hundred Dollars.
  3. WHEREAS my late wife and I have during my lifetime made provisions for the education of a student for the priesthood for the Archdiocese of St. John's I hereby repeal paragraph 4 (b) (1) of my said Will.

IN WITNESS WHEREOF I have hereunto subscribed my hand at St. John's this Thirtieth day of march A.D. 1946.
signed John Morry

SIGNED PUBLISHED and DECLARED by the Testator as and for a Second Codicil to his last Will and Testament in presence of us, both present at the same time, who in his presence, at his request and in the presence of each other have herunto subscribed our names as witnesses attesting the due execution hereof; the same having first been read over to the Testator in our presence.
signed Maud Whelan
James M. Bradshaw

 

"D"

This the paper-writing marked "D"
referred to in the annexed Petition.

In The Supreme Court of Newfoundland
In the Estate of
John Morry Deceased

Inventory and Evaluation of the Property of the said Deceased.

General Description of PropertyValue or Amount
Lands, Houses, Stores, &c., and any interest on Land 
Household Goods and Furniture 
Stock in Trade 
Book Debts and Promissory Notes411.09
Money Secured by Mortgage 
Moneys due under Life Insurance 
Bank and other Stock, Share in Companies, &c. 35,730.00
Securities for Money40,459.87
Cash on Hand } 
Cash in Bank } 3,353.21
Ships, Boats, Nets, and other Outfit for the Fishery 
Horses, Horned Cattle, Sheep and Swine 
Farming Implements and Produce of all kinds 
Other Property not before mentioned (if any) 
 $79,954.17

I,.......................................................................................................
make oath and say that I am..............................................................
and that the above is, to the best of my knowledge, information and belief, a justand true Inventory and Valuation of the Property of the said Deceased at the time of
.........................................death as far as I can at present ascertain.

Sworn at.....................................................
this..........................day of..........................
A.D. 19............., before me
Clerk
*This Inventory and Valuation may be certified under Petition

 

 

Contributed by Chris Morry

REVISED BY: Ivy F. Benoit March 7, 2002

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